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2006 Supreme(Ori) 397

M.M.DAS, L.MOHAPATRA
Naba Apot – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. B. C. Das, D. Parija, K. C. Baral, N. C. Singh & N. K. Das
For Opp.Parties:Addl.Government Advocate

JUDGMENT

M. M. DAS, J. — As both the writ petitions arise out of similar facts and involve the same point of law and have been filed by the same petitioner, both the petitions are disposed of by this common judgment.

2. The petitioner in W.P.(C) No.2373 of 2006 has called in question the order dated 10.1.2006 passed by the Competent Au¬thority-cum-Deputy Director of Mines, Joda in Confiscation Pro¬ceeding No.50 of 2005 under Section 16(3) of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act, 1989 (for short ‘the State Act’). By the said order dated 10.1.2006, the Competent Authority-cum-Deputy Director of Mines directed confiscation of the vehicle (Tipper) bearing registra¬tion No.OR-04-D-3035. Similarly, in W.P.(C) No.2377 of 2006, the petitioner challenges the order dated 10.1.2006 of the same authority in Confiscation Proceeding No.51 of 2005 directing confiscation of the vehicle (Tipper) bearing Registration No.OR-09D-6322.

3. The factual allegations made in both the writ petitions are similar. It appears that in both the writ petitions, the Mines Squad headed by one Shri R. C. Mahallik, Mining Officer, Joda, on getting information regardin














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